SB 284 - This act creates and modifies provisions relating to the protection of vulnerable persons. SEX AND HUMAN TRAFFICKING TRAINING (Sections 27.170, 56.265, 190.142, 211.326, 324.035, 337.618, & 590.050)
This act establishes the "Committee on Sex and Human Trafficking Training" with membership as provided in the act. The Committee shall annually evaluate and establish guidelines for sex and human trafficking training for boards, departments, and agencies.
This act provides that prosecutors, emergency medical technicians, advanced emergency medical technicians, juvenile officers, social workers, and peace officers shall undergo training on sex and human trafficking awareness annually beginning January 1, 2026 until December 31, 2030.
Finally, this act provides that boards, commissions, and committees may utilize occupational fees for continuing education programs if the Director of the Division of Professional registration approves such program and the program is available to all licensees of such board, commission, and committee.
These provisions are substantially similar to provisions in SCS/HCS/HBs 1706 & 1539 (2024) and to provisions in SB 1398 (2024) and HB 1308 (2023) and similar to provisions in SB 906 (2024).
STATEWIDE COUNCIL AGAINST TRAFFICKING (Section 210.1505)
This act repeals provisions relating to the "Statewide Council on Sex Trafficking and Sexual Exploitation of Children" within the Department of Social Services and creates the "Statewide Council Against Adult Trafficking and the Commercial Sexual Exploitation of Children" within the office of the Attorney General. The Council shall make recommendations for a coordinated statewide effort against the trafficking of adults and children within the state.
The Attorney General shall serve as chairperson of the Council and shall hold an initial meeting before October 27, 2024. Finally, this act creates the "Anti-Trafficking Fund" to provide funds for the position of the Executive Director of the Council, for education regarding human trafficking, and for anti-trafficking efforts.
This provision is identical to a provision in SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to a provision in SB 1245 (2024) and SB 1398 (2024).
CLASSIFICATION OF MINORS FOR ORDERS OF PROTECTION (Sections 455.010, 455.035, & 455.513)
This act modifies the definitions of "adult" and "child" in provisions relating to orders of protection. An "adult" is any person eighteen, instead of seventeen, years of age or older and a "child" is any person under eighteen, instead of seventeen, years of age unless he or she is otherwise emancipated.
These provisions are identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024), SB 897 (2024), CCS/HCS/SS/SCS/SB 72 (2023), HCS/HB 355 (2023), in HB 981 (2023), in SCS/HCS/HBs 994, 52 & 984 (2023), and in HCS/HB 1559 (2022).
ADMISSIBILITY OF EVIDENCE IN CRIMINAL CASES (Sections 491.075 & 492.304)
Under current law, a statement made by a child under 14 years of age may be admissible in criminal proceedings under certain circumstances. This act changes the age to a child under the age of 18 years of age.
Additionally, this act provides that visual or audio recordings of a child under 18 years of age or a vulnerable person relating to certain criminal offenses shall be admissible in criminal proceedings under certain circumstances.
These provisions are identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024), SB 906 (2024), SB 1398 (2024), HCS/HB 454 (2023), and SCS/HS/HCS/HBs 1108 & 1181, et al (2023).
PRETRIAL WITNESS PROTECTION PROGRAM (Section 491.641)
Under current law, any law enforcement agency may use funds from the "Pretrial Witness Protection Services Fund" to provide for the security of witnesses and immediate family members during criminal proceedings. This act adds that prosecuting and circuit attorney offices may also use such funds.
This act also repeals certain application requirements for reimbursement of costs for witness protection and provides that law enforcement agencies and prosecuting and circuit attorney offices shall submit an application to the Department of Public Safety.
This provision is identical to a provision in SCS/HCS/HBs 1706 & 1539 (2024) and substantially similar to SCS/SB 1266 (2024).
STATUTE OF LIMITATIONS FOR CERTAIN SEXUAL OFFENSES (Section 556.039)
This act provides that for sexual trafficking offenses involving a person 19 years or older shall be commenced no later than 20 years after the commission of the offense.
This act also provides that for the offenses of abusing an individual through forced labor, trafficking for the purpose of slavery, and the offense of patronizing a victim of sexual servitude of any person 18 years or younger shall be commenced no later than 20 years after the commission of the offense.
SEXUAL OFFENSES (Sections 566.151 & 567.030)
Under current law, a person over 21 years old commits the offense of enticement of a child if he or she persuades any person less than 15 years old to engage in sexual conduct. This act changes the age to less than 17 years old.
Additionally, this act modifies the offense of patronizing prostitution if the person patronized for prostitution is ages 15 to 17 it shall be a class E felony and if the person is less than 15 years old it shall be a class B felony.
These provisions are identical to provisions in SCS/HCS/HBs 1706 & 1539 (2024), SB 906 (2024), SB 1398 (2024), HCS/HB 454 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al (2023), SCS/HB 2697, et al (2022), SCS/HB 2088, et al (2022), HB 1637 (2022), and HB 2590 (2022).
OFFENSE OF PATRONIZING A VICTIM OF SEXUAL SERVITUDE (Section 566.207)
This act creates the offense of patronizing a victim of sexual servitude if the person knowingly gives or offers to give anything of value so that an individual may engage in a commercial sex act with another individual and the person knows such individual is a victim of sexual servitude.
Such offense shall be a felony punishable by not less than 5 years and not more than 20 years and a fine not to exceed $250,000 if the victim is 18 years of age or older.
Such offense shall be a felony punishable by life imprisonment without eligibility for probation or parole or until the offender has served not less than 25 years.
RESTITUTION FOR HUMAN TRAFFICKING OFFENSES (Section 589.700)
This act provides that the court shall award restitution payable to the newly created Human Trafficking and Sexual Exploitation Fund when a person pleads guilty to or is convicted of a human trafficking offense. The Human Trafficking and Sexual Exploitation Fund shall allocate $10,000 per each victim of an offense that occurred in the county toward local rehabilitation services for victims of human trafficking and $2,500 toward local efforts to prevent human trafficking.
This provision is identical to a provisions in SCS/HCS/HBs 1706 & 1539 (2024) and SB 1398 (2024) and similar to a provision in SB 906 (2024).
EXPUNGEMENT (Section 610.131)
Under current law, a person who was under the age of 18 who was coerced into prostitution may petition to have his or her record expunged for the offense of prostitution.
This provision repeals the "under the age of 18" provision.
This provision is identical to a provision in the perfected HCS/HB 2688 (2024).
MARY GRACE PRINGLE